Society for American Archaeology 71st Annual Meeting

April 26-30, 2006

San Juan, Puerto Rico

1. Session Title, Abstract, and Sponsorship

2. List of Session Participants (in alphabetical order)

3. Session Structure

4. List of Paper Author, Title, and Abstract (in presentation order)

5. Contact Information for Session Participants (in alphabetical order)

1. Session Title, Abstract, and Sponsorship

Title

Centennial Reflections and Challenges: The Antiquities Act of 1906 and its Legacy

Abstract

2006 marks the centennial of the first broad legislative protection for archaeology in the United States. The 1906 Antiquities Act set important legal precedent and indelibly imprinted archaeology within the political domain. The Act was a product of its time and a construct replete with politicking. Political engagement by archaeologists over the past century in efforts to advance the care, protection, and enhancement of archaeological resources is highlighted in this session through discussion of the Antiquities Act and ARPA. The session aims to connect insights garnered from past political contexts to both present and future political strategizing.

Sponsor

SAA Board of Directors

2. List of Session Participants (in alphabetical order)

Organizers: Hilary Soderland & Francis P. McManamon

Chair and Moderator: Francis P. McManamon

1. Judy Bense

2. Donald Craib

3. Hester Davis

4. Don Fowler

5. Heather Huyck

6. Keith Kintigh

7. Bill Lipe

8. Martin McAllister

9. Francis P. McManamon

10. Jennifer Richman

11. Sarah Schlanger

12. Shelley J. Smith

13. James Snead

14. Sally Wisely

3. Session Structure

PART 1: Symposium, SAA Session ID # 832

Introduction/Premise

Chair: Francis P. McManamon

1906 Antiquities Act

Paper 1: Historical context

Presenter: Don Fowler

Paper 2: Contemporary application of the Antiquities Act (emphasizing the multiple foci of the Act: continued protection as well as monument designation)

Presenter: Keith Kintigh

Paper 3: Contemporary application of the Antiquities Act (emphasizing the multiple foci of the Act: continued protection as well as monument designation)

Presenter: Sally Wisely, Shelley J. Smith, & Sarah Schlanger

Discussant

James Snead

1979 Archaeological Resources Protection Act (ARPA)

Paper 1: Historical Context

Presenter: Martin McAllister

Paper 2: Expansion of ARPA through amendments

Presenter: Heather Huyck Francis P. McManamon

Paper 3: Contemporary application of ARPA (informed, but not driven by, the enforcement aspect)

Presenter: Jennifer Richman

Discussant

Bill Lipe

PART 2: Forum Discussion, SAA Session ID # 833

Introduction

Chair & Moderator: Francis McManamon

1. Judy Bense

2. Donald Craib

3. Hester Davis

4. Don Fowler

5. Heather Huyck

6. Keith Kintigh

7. Bill Lipe

4. List of Paper Author, Title, and Abstract (in presentation order)

1906 Antiquities Act

Don Fowler

“The Antiquities Act in Context, 1879-1979”

The 1906 Antiquities Act was the result of two decades of efforts by archaeologists and archaeological institutions to achieve effective federal legislation to protect cultural resources on public lands. The act was a compromise and had major enforcement problems. The creation of the act in 1906 and its subsequent history prior to the creation of the Archaeological Resources Protection Act in 1979 are reviewed.

Keith Kintigh

“Legacies on the Landscape: National Monuments and the 1906 Antiquities Act”

Under the 1906 Antiquities Act, presidents may designate federal lands as National Monuments, thus protecting their archaeological resources from development or disposal. President Clinton, with Secretary of the Interior Bruce Babbitt, designated 18 new Monuments containing more than four million acres. In many cases, the preservation of archaeological sites and their sustaining landscapes was a major objective. This paper provides a personal account of an archaeologist’s role in the process leading to the creation of a few of these Monuments and describes how they present new opportunities for research and public interpretation while posing new challenges to the responsible agencies.

Sally Wisely, Shelley J. Smith, & Sarah Schlanger

“Old Meets New: The Antiquities Act, Resource Management, and the Urbanizing West”

The Antiquities Act established the federal government’s responsibilities for heritage resources on public lands: preservation, oversight of scientific research, and establishment of national monuments. Today, federal management occurs in the context of a rapidly urbanizing West, competition for public resources, and highly charged political environments. This paper reviews recent uses of the Act as a land allocation tool, the federal Bureau of Land Management’s role in implementing the Act as stewards of the nation’s most significant body of heritage resources, and the Bureau’s celebration of the Act’s Centennial with programs that enable and promote citizen stewardship.

1979 Archaeological Resources Protection Act (ARPA)

Martin McAllister

“Historical Context: The Antiquities Act and the Enactment of the Archaeological Resources Protection Act”

The 1974 Ninth Circuit Court of Appeals ruling that the Antiquities Act was unconstitutionally vague caused the use of the general federal theft and injury to government property statutes in a major looting case that occurred in Arizona in 1977. When the judge in this case dismissed the property statute charges based on his interpretation of the purpose of Congress in enacting the Antiquities Act, archaeological sites in the vast Ninth Judicial Circuit were left unprotected from looting and vandalism. This led directly to the enactment of the Archaeological Resources Protection Act in 1979.

Heather Huyck

“ARPA as a Management Tool: The Enhancements of the 1988 Amendments”

The Archaeological Resources Protection Act (ARPA), the basic law used to protect archaeological resources as amended in 1988, strengthened its usefulness by decreasing the value threshold from $5000. to $500.and increasing the definition of “damage” to include attempts to damage/take archeological resources. The law also mandated federal agencies to establish public archeological awareness programs. As the US House of Representatives subcommittee staffer responsible for handling these amendments, Dr. Huyck brings firsthand knowledge of the process and Congressional intent.

Jennifer Richman

“Contemporary Application of ARPA”

Since its enactment, ARPA has evolved into a far-reaching preservation management tool. It is used by collection managers for curation, scientists for research, educators for public outreach, and federal prosecutors for enforcement. This paper explores the complexity of the contemporary application of ARPA.

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